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HomeMy WebLinkAboutOrdinance - 2010-O0082 - Amending Zoning Ordinance 7084. Zone Case 3142. Alexander Land Addition - 10/28/2010First Reading October 28, 2010 ItemNo. 6.1 0 RD IN AN CE NO ._2---=0--=-1-=--0----=0--=-0-=--08:::....:.2 __ Second Reading November 4, 2010 Item No. 5.6 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 3142; A ZONING CHANGE FROM A-1 TO me SPECIFIC USE REDUCED SETBACK ON LOTS 5 THROUGH 29, ALEXANDER LAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by Jaw for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 29-29 of the Code of Ordinances, City of Lubbock, Texas. and the notices provided by the Texas Local Government Code §211.007 (Vernon, 1990). and notice was duly published in the Lubbock Avalanche-Journal more than fifteen ( 15) days prior to the date of the public hearing before the City Council on such proposed amendment. and the public hearing according to said notice, was held in the City CoWlcil Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO. 3142 SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under provisions of Section 29-24 of the Code of Ordinances of the City of Lubbock from A-1 to IHC Specific Use reduced setback on Lots 5 through 29, Alexander Land Addition, City of Lubbock, Lubbock CoWlty. Texas, located at 4401 20th Street, 4402 20th Street, 4403 20th Street, 4405 20th Street, 4407 20th Street, 4401 21st Street, 4406 21st Street, 4408 21st Street, 4409 21st Street, 4410 21st Street, 4412 21st Street, 4414 21st Street, 4406 22nd Street, 4408 22"d Street, and 4410 22nd Street, subject to conditions, and being further described as follows: SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT setback for structures from Raleigh A venue may be twenty feet (20'). 2. THAT no vehicular access shall be allowed to the site from Raleigh Avenue (the two cul-de-sac streets will be closed during the platting process). 3. THAT a solid masonry screening fence (as a minimum) sha.IJ be constructed the entire length of the west side of the project. Pedestrian access points may be incorporated in the fence. SECTION 2. TIIAT the granting of this specific use zoning is hereby made subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended, including particularly, but not limited to, Section 29-24 of the Codified Zoning Ordinance, which provides that a Building Permit shall be applied for and secured within thirty (30) months of the effective date of the zone change or all undeveloped property shall automatically revert back to the previous zoning classification, which in this case is the A-1 zone district; and if such reversion occurs, the Director of Planning is directed to remove from the Zoning Map the legend indicating such specific use. The Specific Use authorized by this Ordinance is permitted under provision of Section 29-24( c)(24) of Codified Zoning Ordinance No. 7084 on the property described as 4401 20th Street, 4402 20th Street, 4403 20th Street, 4405 20th Street, 4407 20th Street, 4401 21st Street, 4406 21st Street, 4408' 21st Street, 4409 21st Street, 4410 2151 Street, 4412 21s1 Street, 4414 21st Street, 4406 22nd Street, 4408 22"d Street, and 4410 22"d Street, City of Lubbock, Lubbock County, Texas. SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100 DoJJars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by Jaw. Zone Case No. 3142 page-2 of3 AND IT IS SO ORDERED. Passed by the City Council on first reading on ___ _;O:::..:c::..:t::..:::o:..::::b-=.e.::...r_:2::..:8~,---=-2=-01::..:0::.._ __ _ Passed by the City Council on second reading on __ _;N:..:...o:....:v:...:e;;:.m:.:..b-=-er=--4;...::,---=.2-=-0 =-10::.._ ___ _ ATTEST: APPROVED AS TO CONTENT: APPROVED AS TO FORM: t/41~ Chad Weaver Assistant City Attorney vw/CilyAtt/Chad/Zones/ZCJ 142 October 7. 2010 TOM MARTIN, MAYOR Zone Case No. 3142 page-3 of3